According to a recent announcement, current American Administration plans to create a Gold Card program (green card for wealthy individuals interested in becoming US residents and US citizens).

As was announced, this new type of residency would provide a pathway to U.S. citizenship through the investment of US$5 million.

At this time, there are specific details and requirements for this new program. The Administration has indicated that the Gold Card would be adjudicated in expedited manner (contrary to the existing EB-5 immigrant investor program), and will not have an annual quota (contrary to the EB-5 program which is limited to 10,000 per year).

As was said, the revenue from this new immigration program could be used to help reduce the national debt (contrary to the EB-5 program which is focused on the job-creation for American citizens).

Another difference is that the EB-5 program provides for "conditional" Green Card valid for two years only, after which an investor and his family must engage in another lengthy process of "removing the conditions" and getting a permanent Green Cards for ten years.

The administration’s current plan is to have the Gold Card visa replace the EB-5 immigrant investor visa, which has been the only investment-based green card option since 1990s.

The currently existing EB-5 program requires an investment of $800,000 or $1,050,000 in a U.S. business, the creation of 10 jobs for U.S. workers, and local economic growth. The process involves proving a lawful source of investment funds and a suite of other investment requirements to be approved for and maintain their permanent residence status.
The EB-5 program was initially created in 1990 by Congress and went through a legislative overhaul with the EB-5 Reform and Integrity Act (RIA). The RIA tightened the program’s regulatory, compliance, and oversight components to enhance investor protections. It also reauthorized the regional center program through September 30, 2027. Eliminating the program early would require Congressional approval.
In alternative, the proposed Gold Card and the EB-5 visa programs could co-exist as two separate programs, each striving for different investor demographics and economic goals.

​It was suggested, the Gold Card, with a higher price tag and expedited process (and different tax benefits), would attract wealthy individuals and provide significant funds directly to the U.S. government. EB-5 visa, on the other hand, involves a lower investment amount and a slower process, but is more accessible to a larger pool of potential investors and provides economic benefits directly to American workers and local economies.

In Russian:

Недавно объявленный план Белого Дома заключается в том, чтобы виза Gold Card заменила иммиграционную инвесторскую визу EB-5, которая была единственным вариантом получения грин-карты на основе инвестиций с 1990-х годов.

Действующая в настоящее время программа EB-5 требует инвестиций в размере US$800 000 или US$1 050 000 долларов в американский бизнес, создания 10 рабочих мест для граждан США и экономического роста и т.п. Процесс включает в себя подтверждение законного источника инвестиционных средств и ряд других инвестиционных требований для одобрения и сохранения статуса постоянного резидента.

Программа EB-5 была первоначально создана в 1990 году Конгрессом и прошла законодательную реформу с принятием Закона о реформе и добросовестности EB-5 (RIA). RIA ужесточила нормативные, контрольные и надзорные компоненты программы для усиления защиты инвесторов. Она также повторно разрешила программу региональных центров до 30 сентября 2027 года. Для досрочной отмены программы потребуется одобрение Конгресса.

В качестве альтернативы предлагаемые программы Gold Card и визы EB-5 могли бы сосуществовать как две отдельные программы, каждая из которых интересна разным группам инвесторов.

Предполагается, что Gold Card с более высокой ценой инвестиций (или "покупки" вида на жительство) и ускоренным процессом привлечет состоятельных людей, которые заинтересованы в получении вида на жительство и гражданство США (с особым режимом налогообложения, что также важно). Виза EB-5, с другой стороны, предполагает меньшую сумму инвестиций и более медленный процесс, и не дает никаких бенефитов в смысле налогообложения, но она более доступна для большего числа потенциальных инвесторов и обеспечивает экономические выгоды напрямую американским работникам и местной экономике.

Мы будем публиковать новости на эту тему в нашем блоге и на ютуб канале. 

​https://www.youtube.com/@lubasmalimmigrationlawyer

​

Starting Aug. 19, 2024, you may file Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online with the applicable filing fee. There is no fee waiver available for Form I-131F.

Each requestor, including noncitizen stepchildren, must file a separate Form I-131F requesting parole in place, and each requestor must have their own USCIS online account. A parent or legal guardian may create an online account for their minor child if the purpose is to submit a form on behalf of the minor. If a parent or legal guardian is not available, a primary caregiver or legal assistance provider may also help a child create their own USCIS online account. Information on creating a USCIS online account is available on the How to Create a USCIS Online Account page.

UPDATE effective 08/26/2024:

Administrative Stay of Keeping Families Together - as of August 26, 2024, temporarily can't file a I-131F, application for Parole In Place.

On Aug. 26, 2024, the United States District Court for the Eastern District of Texas, in Texas v. Department of Homeland Security, issued an administrative stay, preventing the Department of Homeland Security (DHS) from granting parole in place under Keeping Families Together for 14 days.

To comply with the district court’s administrative stay, USCIS will, until further notice:

Not grant any pending parole in place requests under Keeping Families Together.

Continue to accept filings of Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

Continue to schedule biometric appointments and capture biometrics at Application Support Centers (ASCs).

The district court’s administrative stay order does not affect any applications that were approved before the administrative stay order was issued at 6:46 p.m. Eastern Time on Aug. 26, 2024. Individuals granted parole in place under this process before the administrative stay order was issued may still file for any other immigration benefit for which they may be eligible, including employment authorization and adjustment of status to that of a lawful permanent resident.

Please note: You can only apply for employment authorization after your Form I-131F is approved. If you file your Form I-765, Application for Employment Authorization, before USCIS approves your Form I-131F request under this process, USCIS will reject or deny your Form I-765.

Biometric Appointments
USCIS continues to schedule biometric appointments consistent with the administrative stay order issued by the district court on Aug. 26, 2024. All individuals with biometric appointments should plan to appear at their appointment at the scheduled date, time, and ASC indicated on their notice. Individuals should not arrive on a different date, unless they have rescheduled their appointments. Individuals who were turned away at an ASC will have their appointment rescheduled by USCIS.

As a reminder, individuals must print their biometric appointment notice and bring it with them to their appointment. In addition, if individuals are unable to attend the appointment, they can reschedule using the online rescheduling request process, as long as rescheduling takes place before the initial appointment expires. For more information, see the Preparing for Your Biometric Services Appointment page.



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Who is eligible to apply for Parole in Place under this new program?

Q. What are the eligibility criteria for Keeping Families Together?
A. To be considered for this process as a noncitizen spouse of a U.S. citizen, you must:

• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
• Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

To be considered for this process as a noncitizen stepchild of a U.S. citizen, you must:

• Have been under the age of 21 and unmarried on June 17, 2024;
• Be present in the United States without admission or parole;
• Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
• Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
• Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
• Submit biometrics and undergo required background checks and national security and public safety vetting.

*NOTE: Consistent with the Sept. 30, 2021, Guidelines for the Enforcement of Civil Immigration Law (PDF), a noncitizen who poses a threat to border security will be generally disqualified from receiving parole in place pursuant to this process. However, there is an exception for stepchildren who entered the United States unlawfully after Nov. 1, 2020, and who otherwise meet the criteria for parole in place under this process.
All such requests for parole in place are considered on a case-by-case basis for urgent humanitarian reasons or a significant public benefit, in the exercise of discretion, taking into account the totality of the circumstances of each individual request.


Application for Parole in Place must be filed only ONLINE using a new online form I-131F.
Application fee is $580 per person.
Approval is not guaranteed because it is a discretionary and decided on a case-by-case basis.
If approved, will be granted parole under 212(d)(5) for 3 years.
Under section 212(d)(5)(A) of the Immigration and Nationality Act (INA) to allow certain noncitizen “applicants for admission” to be present in the United States on a temporary, case-by-case basis for urgent humanitarian reasons or a significant public benefit.
If approved, can apply for adjustment of status (aka Green Card) if eligible.
If approved, can apply for a work permit under c(11).

Applying for Employment Authorization

After you are granted parole in place under Keeping Families Together, you may apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD) as a parolee, you must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with either the required fee or a fee waiver request.
To file Form I-765 online, eligible applicants will access their USCIS online account at my.uscis.gov.

Leaving the United States
A grant of parole in place through Keeping Families Together does not authorize parole back into the United States if you decide to depart. If you depart the United States after being granted parole in place, your period of parole will automatically terminate. If you depart the United States without first obtaining an Advance Parole Document, you run a significant risk of not being able to return to the United States and you may also be ineligible for future immigration benefits.
CAUTION: Travel outside of the United States, even with advance parole, may have severe immigration-related consequences, including with respect to potential inadmissibility or execution of an outstanding order of removal. Parole into the United States is not guaranteed even if you have been granted advance parole prior to leaving the country. You are still subject to immigration inspection at a U.S. port of entry to determine whether you may be paroled into the United States and whether you are eligible for the immigration status you seek. For further information, see our Travel Documents page. Consultation with a qualified attorney or accredited representative is strongly advised prior to any travel outside of the United States.
Subsequent Filing of Form I-130 or Form I-360 Petition
A grant of parole in place does not establish eligibility for future immigration benefits, including an immigrant petition or lawful permanent resident status. To establish eligibility for lawful permanent resident status, the petitioning U.S. citizen spouse or parent of a parolee must file Form I-130, Petition for Alien Relative, or in the case of certain widow(er)s and their children, parolees must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
USCIS will determine eligibility for those petitions in a separate adjudication. For purposes of Form I-130 based on marriage, you must demonstrate that you entered into a bona fide marriage with the beneficiary, and for a Form I-130 for a stepchild, you must demonstrate a bona fide stepparent-stepchild relationship.
There are additional requirements for Form I-360 for certain widow(er)s and their children, including filing deadlines, residence requirements, and marital status requirements. A stepchild may remain eligible for an immigrant petition despite their parent’s marriage to a U.S. citizen being terminated through death of either parent or divorce, so long as a bona fide stepparent-stepchild relationship continues to exist following the death or divorce.
Subsequent Filing of Form I-485
A grant of parole in place does not by itself establish eligibility for adjustment of status to lawful permanent resident under INA section 245(a). A grant of parole in place satisfies the requirement under INA section 245(a) that the applicant has been inspected and paroled by an immigration officer.
However, it does not satisfy any other requirements for adjustment of status, including the requirement to have an approved immigrant petition with a visa immediately available and establishing that the noncitizen is not inadmissible under any applicable ground in INA section 212(a), 8 U.S.C. 1182(a).
If granted parole in place, the noncitizen would need a qualifying family member to file Form I-130 on their behalf, or file Form I-360 on their own behalf (if not previously filed; see above). The noncitizen would also need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and possibly Form I-601, Application for Waiver of Grounds of Inadmissibility, if needed.

С сегодняшнего дня 19 августа 2024 открылась программа, о которой было объявлено в июне. Подача заявления на пароль возможна только онлайн: форма I-131F и госпошлина 580 на человека. Это не заявление на грин карту, а заявление на тип гуманитарного пароля для тех, кто въехал в США без визы. Если пароль утвердят, затем можно будет подавать на разрешение на работу и на грин карту.

Form I-131F guide is here.

Form I-131F.

Additional information.

Hope you find this information helpful!

If you need help, please email to schedule a consultation or use our online scheduler.

How to bring an immediate relative of a US citizen to the USA ASAP, if they are from Ukraine, Afghanistan, Ethiopia, and you are with them abroad. Immediate relatives are: spouses of a US citizen, unmarried children under 21 and parents of a US citizen (and you are over 21). Other relatives are not falling under the "immediate relative" category.

Как привезти близкого родственика в США в порядке ускорения: если вы американский гражданин, находитесь вместе с ними за пределами США, и ваш близкий родственник (муж, жена, незамужний ребенок до 21 года, родитель и вы старше 21 года), и ваш родственник из Украины, Афганистана или Эфиопии. Если вы еще не подали на них петицию, теперь вы сможете это сделать в американском посольстве, что позволит съэкономить время.

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict

If you are a U.S. citizen who is physically present overseas with your Afghan, Ethiopian, or Ukrainian immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas.  This applies only to U.S. citizens affected by the large-scale disruptive events in Afghanistan, Ethiopia, and Ukraine.  Such citizens must be physically present in the country where they wish to file petitions.  They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022. 
Please email your nearest U.S. embassy or consulate’s Immigrant Visa Unit if you believe you may qualify to locally file a Form I-130 petition.  You can find those email addresses at each individual embassy or consulate website. 

​A list of U.S. embassies and consulates is available at https://www.usembassy.gov.

If you have already filed a Form I-130 petition with USCIS for your immediate relative and it has not yet been approved, you may inquire with USCIS regarding expedition: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.
Further information about the immigrant visa process is available at https://travel.state.gov/content/travel/en/us-visas/immigrate.html
For more information for nationals of Ukraine, please see https://travel.state.gov/content/travel/en/News/visas-news/information-for-nationals-of-Ukraine.html
Additional information for visa applicants from Ukraine is also available at https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-processing-posts-for-visa-applicants-from-Ukraine.html.

HUMANITARIAN ASSISTANCE

Гуманитарная помощь украинским гражданам - информация от посольства США в Варшаве, Польше от 9 марта 2022.
​

1. США по прежнему не принимает беженцев из Украины. Если вы хотите получить статус беженца, вы должны обращаться в организации по расселению беженцев в Польше и других странах Европы.
2. Если вы подаете на гостевую визу - это не на статус беженца. У вас не будет пути на получение грин карты и гражданства, за некоторыми исключениями. Это только временное пребывание в США сроком до 6 месяцев.
3. Посольство США сообщило, что они могут выдать неиммиграционную гостевую визу ДАЖЕ ПРИ ОТСУТСТВИИ ПАСПОРТА! Консул сообщит детали во время интервью.
4. Вы можете подлать на визу жены или ребенка или родителя американского гражданина в посольстве США напрямую (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents), но не можете это сделать по визе невесты, K-1 visa, петиция на визу невесты по прежнему подается через USCIS.

If you are seeking information about immediate humanitarian assistance in Poland:

• Almost all refugee cases in countries abroad are processed by local authorities, in this case the government of Poland.
• Ukrainians should not contact the authorities of the United States or attempt to apply for visas in order to travel to the United States as refugees–such travel is not possible.  They should contact the authorities of Poland.  Contact information is below.
• Almost all refugee cases in countries abroad are first processed by local authorities, in this case the government of Poland.
• Please visit the government of Poland webpage for information about resources: https://www.gov.pl/web/udsc/ukraina-en.  This website provides the locations of official reception points along Poland’s border with Ukraine.
• Additional information is available from the United Nations Refugee Agency (UNHCR): https://help.unhcr.org/poland/, including information about non-governmental organizations that may be able to provide additional assistance.
• In Warsaw, those seeking information on support from the Polish government can direct inquires to the Office for Foreigners (Urząd do Spraw Cudzoziemców).
  • Phone: +48 47 721 75 75,
  • Web: https://www.gov.pl/web/udsc/ukraina

VISA SERVICES IN POLAND

IMMIGRANT VISAS
If you are a U.S. citizen or Legal Permanent Resident with a Ukrainian relative seeking to travel to the United States on an immigrant visa:

• If you have an I-130 petition approved by USCIS pending processing at the National Visa Center (NVC) and want to transfer it to another Embassy, the designated processing post for Ukrainian Immigrant Visas is United States Consulate General Frankfurt, Germany: https://de.usembassy.gov/ukrainians-in-germany/. You may request expedition and transfer from the National Visa Center:  https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html
• If you have not yet filed a petition but wish to do so, you may contact U.S. Consulate General Frankfurt to inquire regarding possible local filing (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents). Both the petitioner and the applicant must be present in Germany.
• If you have an immigrant visa case that has already been transferred from NVC to Kyiv for the appointment and processing and you would like it to be processed in Frankfurt, please send an email request with your case number (KEV+10 digits) to U.S. Consulate General Frankfurt.
• If you are already in Poland, cannot travel to Frankfurt, and have an I-130 petition approved by USCIS pending processing at the National Visa Center and want to transfer it to U.S. Embassy Warsaw, you may request expedition and transfer from the National Visa Center: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html.
• If you have not yet filed a petition, wish to do so, cannot travel to Frankfurt, and wish to file at U.S. Embassy Warsaw, you may email [email protected] to inquire regarding possible local filing.  (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents). Both the petitioner and the applicant must be present in Poland.
• If you have a question about an immigrant visa case that is already in process at U.S. Embassy Warsaw, please email [email protected].

If you are a U.S. citizen with a Ukrainian fiancée/fiancé seeking to travel to the United States on a K1 visa:

• If you have already filed a petition with United States Citizenship and Immigration Services (USCIS) that was not yet approved, U.S. law prohibits U.S. embassies from accepting K visa petitions (I-129F) for local filing abroad. USCIS must first approve K visa petitions. However, you can request an expedite for USCIS processing at https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

NONIMMIGRANT VISAS
Before applying for a nonimmigrant visa, consider carefully whether you are qualified for the visa you intend to apply for.  Nonimmigrant visas are for temporary stays in the United States and are not for refugees.  There are no nonimmigrant visas available for refugees.  If you apply for a nonimmigrant visa but do not intend to leave the United States, your application will be refused.
There are no “walk-up” appointments available at U.S. Embassy Warsaw or U.S. Consulate General Krakow. You must have an appointment in advance in order to interview for a visa.
If you are not qualified for a nonimmigrant visa, you may wish to refer to the humanitarian assistance information above.
If you are a Ukrainian who wants to travel to the United States or a U.S. citizen who has friends, business associates, or NON-IMMEDIATE family who want to travel to the United States on a nonimmigrant visa you should go to https://www.ustraveldocs.com/pl/en/nonimmigrant-visa and schedule your appointment:

• Demand is extremely high, availability is low, and wait times and processing times are likely to be very lengthy. You may wish to refer to the humanitarian relief information above.
• If you already have an appointment at U.S. Embassy Warsaw but wish to expedite it, you may request expedition via https://www.ustraveldocs.com/pl/en/expedited-appointment.
• If you already began a nonimmigrant visa application process in Ukraine, you may send a request to [email protected]to ask for transfer of your “profile” to Warsaw or Krakow, after which you should be able to continue the process for an appointment in Poland. Please note that a visa fee paid in Ukraine cannot be transferred and that it is necessary to pay a new fee in Poland after a profile is transferred. If you are seeking but do not already have an appointment visit https://www.ustraveldocs.com/pl/en/step-4 and sign up for the first available appointment of the type you are eligible for.
• If you do not have all your documents available, for example a passport, you may apply without these documents. A Consular Officer will inform you of any required next steps as part of the visa decision. (Edit 03/14/2022: as was explained by the US embassy in another EU country, a valid and unexpired "passport book" (not a biometric card) is still required for any US visa to be issued and for travel to the United States).

If you are a Ukrainian with a U.S. citizen/Legal Permanent Resident (LPR) spouse or parent and are seeking to travel to the United States on a nonimmigrant visa for temporary stay please visit https://www.ustraveldocs.com/pl/en/nonimmigrant-visa to schedule an appointment. 

• Select the “Ukrainian with U.S. citizen or Legal Permanent Resident immediate family” category in step 3 when scheduling your appointment.
  • This category is only for a spouse or child of a U.S. citizen or Legal Permanent Resident.
• If you are unable to schedule an appointment via the methods described above, you may instead request a “group appointment” via https://ustraveldocs.com/pl/en/group-appointments and suggest a date convenient for you. Once you have submitted your request, please wait for a response from the Embassy, which will come via email and should permit you to schedule an appointment.
  • The group appointment option is only available for a U.S. citizen or LPR with a Ukrainian spouse or child.  Other applicants who apply for the group method will be declined.
• Read at https://pl.usembassy.gov/visas/humanitarian-assistance-and-visa-information-for-ukrainians/

On May 18, 2021, the U.S. State Department announced that it will recognize the U.S. citizenship of a married couple’s child who is born outside the country if one of their parents is an American citizen. Same-sex married couples or children born via surrogate mother, IVF are included into this new interpretation.

The State Department will now approve U.S. citizenship for children born abroad to same-sex or heterosexual American parents via in-vitro fertilization, IVF, surrogacy and by other assisted reproductive means. Under the policy announced Tuesday, the child must be born abroad to married parents and at least one of the parents has to be a U.S. citizen. The child must have biological ties to at least one parent. The child can have biological ties to a foreign parent.

“Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth, will be U.S. citizens from birth if they have a genetic or gestational tie to at least ONE of their parents and meet the INA (Immigration and Nationality Act)’s other requirements. Previously, the department’s interpretation and application of the INA required that children born abroad have a genetic or gestational relationship to a U.S. citizen parent. This updated interpretation and application of the INA takes into account the realities of modern families and advances in ART (assisted reproductive technology) from when the Act was enacted in 1952”, the U.S. State Department said.

​The U.S. Department of State guidance can be found here: 

​

Question: Can a US citizen who lives abroad obtain a green card for his brother and father who are living abroad?

Answer: Yes, a U.S. citizen son can petition for his father’s Green Card. The process normally takes a year/year and a half.

A U.S. citizen brother can petition for his brother’s Green Card as well. The process for most countries normally takes about 15 years. It could be longer for people born in some countries (Mexico and Philippines).

​You can start the immigration process even now during COVID-19 pandemic because the USCIS Service Centers are still open.

However, in order to complete the immigration process, a U.S. citizen petitioner will have to move back to USA or prove that he has immediate plans to relocate back to USA. It is also important to show that a U.S. citizen petitioner filed his tax returns with IRS, which would be required at the last stage in the immigration process for the Affidavit of Support.

Matter of FALODUN, 27 I&N Dec. 52 (BIA 2017).

There is a big difference between Certificate of Citizenship and Certificate of Naturalization. Both of them serve as evidence of U.S. citizenship status. However, unlike Certificate of Naturalization, Certificate of Citizenship does not confer United States citizenship but merely provides evidence that the applicant previously obtained citizenship status (derived through a parent).

When a person has a Certificate of Naturalization, it means that they applied for U.S. citizenship, passed the test and all background clearances, and their application was approved, and U.S. citizenship was granted.

​When a person has a Certificate of Citizenship, it means that they applied for a document as evidence of their U.S. citizen status. When USCIS approves the application for Certificate of Citizenship, the USCIS merely verifies the records and issues a document, as a proof of the U.S. citizenship status. The applicant doesn't apply for citizenship and doesn't take the test. The applicant applies for a proof or evidence of his or her citizenship. 

On June 2nd 2017, the BIA held that institution of judicial proceedings to revoke naturalization are not required to cancel a certificate of citizenship, which the Department of Homeland Security can cancel administratively upon a determination that an applicant is not entitled to the claimed citizenship status.

BIA held: "A certificate of citizenship only provides documentation of United States citizenship for persons who claim to have obtained that status derivatively. See 8 C.F.R. §§ 341.1, 341.2(c) (2016). It does not confer United States citizenship but only furnishes recognition and evidence that the applicant has previously obtained such status derivatively, that is, upon the naturalization of a parent or parents. See Section 341(a) of the Act. Thus, the issuance of a certificate of citizenship, like a United States passport, only serves as indicia of citizenship. It is not a grant of United States citizenship. Because the respondent’s United States citizenship claim was based on fraud, his Certificate of Citizenship is void." 

Facts: The respondent is a native and citizen of Nigeria who was born in Benin City, Nigeria, on June 30, 1981. He obtained lawful permanent resident status in 1996 as the stepchild of a United States citizen who was married to the respondent’s alleged adoptive father. The respondent’s claim to United States citizenship derives from the naturalization of his putative custodial adoptive father in 1995. On February 17, 1998, the respondent was issued a Certificate of Citizenship (Form N-560).

In removal proceedings, evidence of foreign birth gives rise to a rebuttable presumption of alienage, shifting the burden to the respondent to come forward with evidence to substantiate his citizenship claim. Matter of Rodriguez-Tejedor, 23 I&N Dec. 153, 164 (BIA 2001) (citing Matter of Leyva, 16 I&N Dec. 118, 119 (BIA 1977)); Matter of Tijerina-Villarreal, 13 I&N Dec. 327, 330 (BIA 1969).

Assessing the respondent’s claim to citizenship, the Immigration Judge noted that the evidence of record raises serious questions whether the respondent has ever qualified as a United States citizen. Specifically, the record includes an August 20, 2002, notice of intent to cancel the respondent’s Certificate of Citizenship (“NOIC”) issued by the former Immigration and Naturalization Service (“INS”), alleging that the certificate had been obtained by fraud.

The NOIC was based on information obtained in connection with a Federal criminal investigation. This investigation revealed that the respondent’s putative adoptive father was actually his biological brother. Although the respondent claimed that his biological father had died in 1983, records indicated that, as of 2002, he was alive and living in Nigeria. The NOIC further alleged that the respondent submitted a fraudulent adoption certificate. In his October 23, 2002, response to the NOIC, the respondent presented a letter from an attorney specifically denying each of the allegations in the NOIC. He also submitted a purported death certificate for the person the respondent alleged was his biological father. The death certificate was issued more than 8 months after this individual’s death and just days before the respondent’s response to the NOIC was due.

In a decision dated April 21, 2003, the District Director concluded that the evidence the respondent provided in response to the NOIC was insufficient to overcome the evidence supporting the cancellation of the Certificate of Citizenship. He determined that the Nigerian adoption decree submitted on the respondent’s behalf was fraudulent and that he did not derive United States citizenship through his biological brother under former section 321(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1432(a)(2) (1996), which was in effect when the respondent turned 18 years old. The District Director therefore cancelled the respondent’s Certificate of Citizenship after concluding that it had been obtained by fraud. On March 29, 2004, the Administrative Appeals Office (“AAO”) dismissed the respondent’s appeal from the District Director’s decision
 
The respondent does not claim United States citizenship through naturalization. Instead, he was issued his Certificate of Citizenship under section 341 of the Act, 8 U.S.C. § 1452 (1996), based on his claim of derivative citizenship through the naturalization of his brother, who the respondent fraudulently claimed was his adoptive father.

To read the decision, click here.

A new Department of Defense and DHS rule that bars MAVNI recruits from receiving security clearances until they complete their first term of service has crippled the ability of soldiers to earn a commission and prevents the military from using their talent for years.
Earlier this spring, Dr. Kusuma Nio was anticipating two things in May. The trauma surgeon hoped to deploy with his Army Reserve unit to Afghanistan, where his expertise in treating catastrophic injuries would be vital to U.S. and Afghan forces roiled by resurgent militants.
The other thing: on May 5th, he was expected to naturalize and become a U.S. citizen.
Instead, he is watching his fellow soldiers of the 1st Forward Surgical Team based in New York leave for war. His path to citizenship has been delayed "indefinitely".

His citizenship oath was postponed indefinitely April 13 2017 by the United States Citizenship Immigration Service, who told him the Defense Department has suspended all applications from foreign-born recruits looking to serve.
​
MAVNI or Military Accessions Vital to the National Interest program was implemented in 2009 to take advantage of medical and language skills critical to the success of military operations around the world.
Newly imposed requirements issued in a Pentagon memo Sept. 30, 2016 — when the program was renewed — have created a backlog of applicants.

A rule that bars MAVNI recruits from receiving a security clearance until they complete their first term of service has crippled the ability of soldiers like Nio to earn a commission and prevents the military from using their talent for years. Until then, his time as a reserve specialist is spent cleaning scalpels instead of using them in life-saving surgery.
Nio and others are left asking a simple question: If the military wanted their talents, why are they sitting around not using them?

“I’m a fully qualified and American-trained surgeon. It doesn’t make sense to me,” Nio said.
Margaret Stock, a retired Army officer central in creating the MAVNI program, said May 8, 2017 that the reforms are so severely counter to the original intent of the program that it is now imploding, sending ripples throughout the military that will hurt recruiting, undermine its security missions and send personnel spending into a frenzy as the force pays bills for native troops to receive top medical and language training.
“This isn’t extending the program,” Stock said of the new measures. “This is destroying the program.”
Stalled by new rulesThe MAVNI program has attracted thousands of legal immigrants, offering a fast track to citizenship in exchange for vital medical expertise and cultural and language skills. The military identifies skills in “critical shortfall” and sets goals to bring qualified candidates into the service, according to the Sept. 30 Pentagon memo extending the program until September.

About 10,400 soldiers have entered the Army through the program since 2009, Army spokesman Hank Minitrez said May 9 in an email.

The decision to bar MAVNI recruits from receiving security clearances during their first enlistment term severely limits the contributions that soldiers like Nio can make, Stock said. Doctors cannot receive a commission without the clearance. Enlisted troops cannot enter special operations, civil affairs or intelligence fields, while troops with deep skills in languages such as Russian, Arabic and Pashto are restricted for years from doing the job the Pentagon said they desperately need to be done now.
Another big change: Applicants were required to have a legal immigration status for two years and complete background checks in order to enlist. They could start the Tier-5 investigation before shipping off to training while the long process unfolded, Minitrez said.

Now, recruits must complete a Tier-5 investigation before they get orders for training. The process takes months and involves investigations from the Justice and Defense departments and intelligence agencies, Minitrez said.

Stock said the Army was unprepared for the flood of additional requirements, leaving personnel soldiers scrambling to complete case files without proper training while soldiers piled up in the system. Soldiers like Nio are trapped in a classic military Catch-22 as he continues as a reservist, still unable to attend the basic officer leaders course.

“We haven’t been naturalized, so we can’t go to basic. But we can’t go to basic because we haven’t been naturalized,” he said.
Applicants are screened by the State and Homeland Security departments and other agencies when they get visas, which makes them the most vetted recruits in the military, Stock said.

Green-card holders, who are permanent residents but not citizens, are not subject to the rules, she said.
​
“The new rule is especially pernicious because the requirements for passing [additional screenings] are completely different from the ‘good moral character’ required for citizenship,” Stock said.
“That’s not the legal standard for naturalization,” and the new requirements have not been imposed on immigrants naturalized in the past few years, Stock said.
Process breakdownThe Army, which according to service data is the biggest user of the MAVNI program, has defended the new security measures.
“The background checks are time-consuming and extensive, but we owe it to our soldiers in the ranks and the American people to ensure everyone joining has been properly vetted,” Minitrez said.
MAVNI recruits have been highly sought in Special Operations Command, for instance, due to their reliability and cultural skills vital to training and fighting with foreign troops.
“If you’re going to sneak into the military, this is the last program you’d go through,” she said.
The Army has acknowledged the new Pentagon requirements have severely bottlenecked the process since September.

About 1,000 Army recruits — nearly a quarter of the 4,200 waiting for background check approvals — have been in limbo so long that they no longer have legal immigration status and need extensions or exemptions from USCIS, according to an internal Army document marked “for official use only” but posted online in April. Minitrez and others were listed as the point of contact for information. The document is no longer online.

Minitrez declined to confirm that number, referring the query to DHS and USCIS. The New York Times reported that the number could be as high as 1,500.

While those delay occur, recruits without legal status can’t obtain a job if they are reservists and are subject to deportation.

Unused skills

The Army’s execution of new regulations has frustrated Nio.
Before recent changes, MAVNI could churn out minted troops with citizenship in hand in one to four months, Stock said. But the new restrictions have jolted the program enough to turn off future applicants, Stock said. While recruits with language skills await security clearances to begin training, they must enlist in other specialties that do not correspond with their skills.
“There’s no point to the program if all it does is produce extremely well-vetted truck drivers,” she said.
Nio said his motivations were different than some others. He holds a visa reserved for immigrants with special skills, and the hospital where he works can easily sponsor his legal status.
“This is a perfect way to give back and to serve and to learn,” Nio said about his path to becoming an Army doctor. “There is nothing like combat surgery.”
After earning his doctorate at the University of Minnesota in Minneapolis, Nio enlisted as a specialist in 2015 with the agreement that he would earn his commission as a captain. His contract required him to serve six years in the Army Reserve and two in the inactive Reserve, he said. He finished his background investigation in April 2016, with his oath of citizenship and commissioning on track for this month, he said. But the restrictions have stopped all progress, he said.
Nio works at a Level 1 trauma center in his civilian job, where he treats patients with gunshot wounds, severe burns and injuries sustained from car wrecks, along with surgeries for conditions like appendicitis and hernias, he said.
Contrast that with his placeholder Army reservist occupation: operating room specialist. The job involves sterilizing equipment and cleaning rooms between patients. The experience disparity equates to a pilot grounded to scrape bug splatter off an F-16.
“I’m almost through a third of my service time already,” he said. “You have someone ready to go, and sitting as a specialist?”

Luckily, Nio said, his unit sympathizes with the disconnect between his skill and his rank.
Surgical teams in his unit conduct realistic training during their drill weekends, he said. Patients eviscerated by imaginary IEDs and gunfire flood medical tents. Nurses and medics buzz around Nio, who plays the role of trauma surgeon.
The training is realistic, but his authority is a facade. Once Nio removes his scrubs and stores his instruments, he steps out of the tent as a junior enlisted soldier.
Nio’s unit will arrive in Afghanistan this month as the country braces for another Taliban offensive and Islamic State militants seek to regain footholds. Sharp violence has recently struck U.S. troops there. Two Army Rangers were killed April 26 during a fierce battle with Islamic State militants, and three soldiers were wounded in a suicide car bomb explosion May 3 in Kabul.
“My unit is desperate for surgeons to go on this deployment,” he said. “And I’m just saying goodbye to everyone.”

​Read the article at Stars and Stripes here.

March 30, 2017 update on MAVNI program (U.S. citizenship through military service):

At some point in the past, it was a very popular and efficient program allowing foreign nationals to become US citizens through service in the U.S. Military: Army, Navy, Airforce, Marines and National Guard. 

In a video, the American Immigration Lawyers Association (AILA) and immigration attorney Margaret Stock share the most recent developments. Since fall 2016, the MAVNI program is effectively being shut down. There are numerous delays in naturalization (currently, NSC official processing time is two years!), applicants are facing additional and retroactive requirements. In many cases, USCIS started doing a second round of security background checks, even for those applicants who were already approved. There have been reports of applicants being denied because they had a certain foreign relative living abroad (of course, foreign recruits would have foreign relatives -- they are foreign nationals!). There have been reports of U.S. citizens (former MAVNI recruits) being denied promotion in the military because they are naturalized citizens.

Presently, the US Department of Defense requires all applicants to be "in a lawful immigrant status" when they go to the basic training, and if not in a lawful status, they are required to apply for "deferred action" through USCIS, which is often denied. Atlanta, Georgia is noted as one of the jurisdictions with the most denials. DACA program is a form of a deferred action, which is accepted into this program, as well.

Briefly in-Russian:

Программа получения американского гражданства через военную службу, MAVNI program, претерпевает огромные изменения в сторону ужесточения правил (проводятся проверки "задним числом" уже после утверждения). К заявителям на американское гражданство через военную службу теперь предъявляются "новые" требования. Как говорят адвокаты, начали проводиться дополнительные расследования - в том числе тех, кого уже утвердили.

Иммиграционные адвокаты делятся статистикой отказов (множество отказов из Атланты, Джорджия). Адвокаты приводят примеры того, как их клиенты получили отказ по причине наличия определенных "близких родственников" за пределами США, которые не являются гражданами США. Ну конечно у них будут такие родственники - ведь суть этой программы в том, чтобы дать возможность получения гражданства США иностранными гражданам, и само собой, у них еть родственники за границей!

​Сроки ожидания гражданства через службу в армии (по статистике из иммиграционного центра в Небраске) в настоящий момент составляют 2 года.

Адвокаты, специализирующиеся в натурализации через воинскую службу, предсказывают увеличение количества судебных исков от рекрутов как результат отказа или задержек в рассмотрении заявлений на натурализацию. 

Министерство обороны США с осени 2016 ввело новое требование к рекрутам: теперь они требуют, чтобы заявитель был в "легальном статусе", и отсюда вытекающее новое требование получить статус deferred action, которое USCIS нередко отказывают. С точки зрения права, это требование не имеет смысла, так как deferred action не дает никакого легального статуса человеку, находящемуся в США после истечения статуса (визы), а только определенную и небезграничную защиту от депортации.

В целом, анализ заставляет задуматься о том, что возможно в будущем программа MAVNI будет аннулирована или станет непрактична или нереалистична для большинства рекрутов, желающих таким образом получить американское гражданство.

Вы можете посмотреть официальное видео от Американской ассоциации иммиграционных адвокатов, датированное 30 марта 2017 на youtube. 

​

Interesting statistics from Pew Research Center:

Muslim population of the world is expected to reach 73% in 2050. Islam is going to be a predominant religion, not a minority.

In 2015, according to Pew Research Center's best estimate, there were 3.3 million Muslims in the U.S., or about 1% of the U.S. population.

A majority of U.S. Muslims (63%) are immigrants. The government should treat them with respect and adjust our immigration policies to avoid alienating our own citizens.

Year 2050 is only 33 years away.

Rew Research Center: 

http://www.pewresearch.org/fact-tank/2017/02/27/muslims-and-islam-key-findings-in-the-u-s-and-around-the-world/

​

The number of U.S. citizens who renounced their U.S. citizenship or terminated their permanent residency during 2016 is at a record high. This number is growing every year, which is an interesting trend. 

On Friday, February 9th 2017, the Treasury Department published the names of 2,365 individuals who expatriated during the fourth quarter of 2016. Total number for 2016 came to 5,411 American expatriates over the whole year in FY 2016.

In FY 2015, 4,279 US citizens renounced US citizenship, which is 26 percent less than in FY 2016.

According to the International Tax Blog, the escalation of offshore penalties over the past two decades could be a contributing factor in this rise. 

According to Bloomberg, the Treasury began taxing Americans abroad around the time of the Civil War, to prevent citizens from fleeing the country to avoid fighting. Nowadays, the goal of the list is to make sure that all of the income of U.S. citizens — both in the country and abroad — is reported to the Internal Revenue Service.

#renounce #renounceuscitizenship #expat #expatriate #uscitizenship #usacitizenship

In Russian:

В 2016 году выросло количество американцев, отказавшихся от американского гражданства. В 2016 таких было 5 411, что на 26 процента больше, чем  в 2015 году, когда 4 279 американца вышли или отказались от американского гражданства.

Этот интересный тренд усилился после того как американское правительство ужесточило санкции за неуплату налогов на доходы полученные по всему миру, за пределами США, и контроль за счетами американских граждан в банках иностранных стран.

На практике лица, отказавшиеся от гражданства США, имеют второе гражданство или вид на жительство в другой стране, и основная, но "скрытая" причина отказа от гражданства - это нежелание платить налог на доход, полученный за пределами США в Казначейство США. Хотя официально эта причина не указывается, так как это может привести к стутусу невъездного в США.

A record number of U.S. citizens and green card holders, renounced their citizenship or gave up their green cards in 2015. Last year, it was 4,279 people.

​It's most likely due to newer, more strict tax policies. U.S. citizens can be required to pay taxes regardless of which country they live in for periods of time. But the law also allowed the U.S. government to go after foreign bank accounts, which prompted many foreign banks to drop their U.S. customers.
"An increasing number of Americans appear to believe that having a U.S. passport or long-term residency isn't worth the hassle and cost of complying with U.S. tax laws."

Read more here. 

On Friday, October 16, 2015, a federal judge in Texas declined to order Texas officials to institute a temporary fix so children of undocumented immigrants born in the United States can get their birth certificates while a lawsuit filed by their parents is being tried.  

Instead of issuing a temporary injunction order sought by the plaintiffs (the undocumented immigrants who were denied their U.S. citizen children's birth certificates), U.S. District Judge Robert Pitman ruled that the case should proceed through the full hearing process given the complexity of the issues involved. 

Pitman’s ruling comes two weeks after attorneys for the families told the judge that the children’s civil rights had been violated because county registrars, by order of the Texas Department of State Health Services, would not issue birth certificates because the parents did not present one or more acceptable forms of ID. More than 30 families have joined the suit since the initial complaint was filed in May.

“Although the Plaintiffs have provided evidence which raises grave concerns regarding the treatment of citizen children born to immigrant parents, this case requires additional determinations which can be made only upon development and presentation of an evidentiary record,” Pitman wrote in a 27-page decision.

The parents in the lawsuit contend that IDs previously used to obtain the vital records, specifically the Mexican Consular ID (called the matrícula consular) and foreign passports, were accepted in some counties just months ago until the department amended its policies without warning.

Now, some of the undocumented immigrants parents can't request their US-born children's birth certificates because the parents lack proper and acceptable by the Organs of Vital Statistics photo ID documents.

Texas Attorney General Ken Paxton called the ruling an “important first step in ensuring the integrity of birth certificates and personal identity information. Before issuing any official documents, it’s important for the state to have a way to accurately verify people are who they say they are through reliable identification mechanisms.”

Read news here and court opinion here. 

On November 20, 2014, the President announced a series of executive actions. However, not all of these initiatives have been implemented, and USCIS is not accepting any DAPA or expanded DACA applications at this time. 

Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. 

If you need legal advice on immigration matters, make sure that the person you rely on is an attorney who is authorized to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. An immigration attorney can be licensed in any state because immigration law is federal law. It's important to consult an experienced and knowledgeable attorney before submitting any immigration applications.

The Internet, newspapers, radio, community bulletin boards and local businesses storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

Here are some examples of common immigration scams:

**Telephone Scams**.

Do not fall victim to telephone scammers posing as USCIS personnel or other government officials. In most instances, scammers will:

• request personal information (Social Security number, Passport number, or A-number);
• identify false problems with your immigration record; and
• ask for payment to correct the records.

If a scammer calls you, say “No, thank you” and hang up. These phone calls are being made by immigration scammers attempting to take your money and your credit card information. USCIS will not call you to ask for any form of payment over the phone. Don’t give payment over the phone to anyone who claims to be a USCIS official.

If you have been a victim of this telephone scam, please report it to the Federal Trade Commission (FTC). Learn more about telephone scams and telephone scammers’ techniques by visiting Federal Trade Commission-Telemarketing-Scams. 

**"Notario Publico"**.

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. "Notarios publico,” are not authorized to provide you with any legal services related to immigration.

Please see the National Notary Association website "What is a Notary Public" for more information.

**Local Businesses who are not law firms and not attorneys or lawyers**.

Some businesses in your community “guarantee” they can get you benefits such as a:

• Visa
• Green Card
• Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than even a licensed attorney (but will tell you that attorneys charge more "for the same work"). They claim they can do this faster than if you applied directly with USCIS. These claims are false. 

**Dot-com websites - operated by non-attorneys or people not authorized to give legal advice**.

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. Many of these websites are scammers or fraudsters, often taking money for blank forms or minimal assistance without attorney supervision.

USCIS has its own official website: www.uscis.gov with:

• Free downloadable forms
• Form Instructions
• Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet. You can download forms for free at www.uscis.gov.

Do not pay to a non-attorney (not a lawyer) for help with immigration paperwork, applications, affidavit. Oftentimes, they give you wrong advice and can potentially damage your chances of ever becoming a permanent resident (getting a green card).

**Green Card Lottery or DV Lottery scams**.

Once a year in fall, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time or often around the year, it is common for immigration scammers to advertise in emails or websites that reference either the:

• DV lottery
• Visa lottery
• Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program. Some scammers even identify you as a DV lottery “winner” and ask for significant amount of money "helping get a visa". These emails and websites are fraudulent. 

The only way to apply for the DV lottery is through an official government application process (Department of State website, and only when it's open, during an application period which is usually in October-November only). DOS does not send emails to applicants. 

On or after May 1st, you can visit the Department of State website to verify if you are actually a winner in the DV lottery. 

If need help, consult a licensed attorney (not one of the "green card lottery" websites).

**INS doesn't exist. It's been replaced by DHS and USCIS**.

To this day, some local businesses, websites, "notarios"  and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists! 

If someone refers to USCIS as "INS", it's a sign that they are not an attorney, but rather someone unqualified with little knowledge in immigration matters.

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS. USCIS will communicate with you and your attorney by mail, by mailing you notices, approved work permit and green card through USPS (postal service).

If you need a legal assistance, we will be glad to help. Our contact information is here.

Read here. 

As reported by Bloomberg Business News, birth tourism from China to the US is booming. Although it’s not illegal to travel to the U.S. to give birth, it’s illegal to lie about the purpose of a visit when interviewed by American Consul or by immigration or customs officers at the US airport—or coach someone to do so. 

If a woman says she’s traveling to the U.S. to give birth, the consular and customs officers may request proof that she can pay for her hospital stay. (The same would be asked of anybody seeking medical treatment in the U.S.) 

Department of Homeland Security and the IRS have been investigating the growing business of “birth tourism,” which operates in a legal gray area, since last June. The industry is totally unregulated and mostly hidden.

No one knows the exact number of Chinese birth tourists or services catering to them. Online ads and accounts in the Chinese-language press suggest there could be hundreds, maybe thousands, of operators. A California association of these services called All American Mother Service Management Center claims 20,000 women from China gave birth in the U.S. in 2012 and about the same number in 2013. These figures are often cited by Chinese state media, but the center didn’t reply to a request for comment. The Center for Immigration Studies, an American organization that advocates limiting the scope of the 14th Amendment, estimates there could have been as many as 36,000 birth tourists from around the world in 2012. Estimated fees paid by Chinese birth tourists to the agencies catering to them are around USD30,000 to USD60,000.

Department of Homeland Security declined to discuss the investigation because it is ongoing, but the agent in charge said: “Visa fraud is a huge vulnerability for the country. These women allegedly lied to come have a baby. Other people could come to do something bad. We have to maintain the integrity of the system.” 

Read the story here. 

USCIS launched a new interactive webportal myUSCIS. 

See at: https://my.uscis.gov/

USCIS recently introduced another useful webportal, where customers can submit e-request to ask questions about a pending case, report non-delivery of a document (work permit, green card, etc) or official letter (Receipt or Approval Notice, Form I-797), request certain accommodations. I found it to be a very useful tool.

See at: https://egov.uscis.gov/e-Request/Intro.do?locale=en_US

Almost daily, I hear from some of our callers: "I don't need legal consultation, I don't want to hire an attorney. I have only one or two very simple (or quick, or easy) questions, and I want an attorney to answer my questions right now and free of charge because my questions are so simple, quick, and easy!"

I will try to explain why this request doesn't make any sense and how to get proper legal advice.

U.S. immigration law is very complex and constantly changing. There have been no major immigration reforms or amnesties in the past few years (which requires a law to be approved by Congress and signed by the President). However, there have been significant changes introduced by our current and former administrations and the executive branch of the government: executive actions; executive orders of the President; USCIS and DHS memorandums and policy guidance; official and unofficial practice advisories; and changes through our judicial branch (federal and immigration courts), such as, the decisions by the BIA, AAO, Courts of Appeals, US Supreme Court, and even by federal district court judges (for example, an injunction by a federal judge can place on hold an executive order of the President of the United States).

U.S. immigration law is federal in nature and is the same in all states. However, it may apply differently to your situation depending on your background, your place of residence or domicile, US embassy in the country where you apply for a visa, etc.

An experienced immigration attorney may be able to guide you and advise you about specifics, loopholes, various options, and can spot possible problems before they happen, even if it seems to you that your case is pretty straightforward and you have only "one quick question". A seemingly simple or quick question not always can be answered with a simple "yes" or "no" answer. You may not realize it, but a situation may have a lot of hidden issues or variables depending on your venue, court jurisdiction, your factual circumstances, your arrest and criminal record, your family situation and status, prior legal assistance, prior legal actions and applications filed, or even timing, etc.

You can find a lot of useful immigration-related INFORMATION on our Blog. We compiled useful information and links: USCIS forms and fees, case status inquiry, processing times, AR-11 Change of Address, Department of State and NVC, and much more here. Hope you find this information helpful!

To ask basic questions about USCIS immigration forms, filing fees or to inquire about status of your pending case, you can contact USCIS, Department of Homeland Security, by calling their 800 Customer Service Hotline (number is on their website), or send an e-request via a webportal at USCIS website. Case status can be checked online, as well. Immigration courts, U.S. embassies and consulates and National Visa Center each have their own hotlines, call centers or other ways to contact them.

To receive a case-specific legal advice you should talk to a lawyer. Before a lawyer can advise you, we usually email you our confidential immigration questionnaire, and ask you to complete and return it to us. In some cases, we can ask you to email us copies of your immigration forms, paperwork, personal documents. When an attorney reviews your answers to our questionnaire and your documents, it helps her to get to know you, your situation, and decide what legal and/or visa options you shall consider, what are your best chances of obtaining certain visas and immigration benefits, how and when can you bring your family to USA, are you eligible for permanent residency or a green card in the United States, are you eligible to apply for U.S. citizenship, how can your children become U.S. citizens, etc.

It's important that you provide truthful, accurate and complete answers to our questions because an attorney's advice to you is based on information you provide to an attorney. It could be dangerous to give misleading, incomplete or incorrect answers to an attorney.

An attorney or a lawyer is often called "a counselor in law". It means that an attorney counsels and advises you, helps you to understand your situation better, anticipates any possible future issues or complications, offers guidance, and a long-term strategy and planning for yourself and your family.

Legal advice is never a simple "yes" or "no" answer, it's never "use this form"  or "this is the link where you can find all information and all answers you need". Legal advice or consultation is like going to see a doctor. A doctor will ask you questions, take your vitals and administer necessary tests, then she will be able to diagnose you and offer you an appropriate treatment plan. The same is true about work of a good and ethical attorney. An attorney will have to ask you a number of questions, review your documents and paperwork, and only then she will be able to advise you, and offer you guidance and counsel.

In order to avoid mistakes and future complications, it's smart to consult an attorney before starting any legal, immigrant or visa process. Consultation with knowledgeable and ethical attorney should serve as a preventative measure and a way to establish a roadmap and plan your future.

In over twelve years of practice as an immigration attorney in the United States, I have come across of many unfortunate individuals who got themselves into trouble after reading and following wrong advice on internet forums, listening to their friends, co-workers, relatives and neighbors advice, or paying to complete their "paperwork" to an unlicensed "immigration consultant", or "notario", or "tax preparer", or somebody else who speaks their native language in their immigrant community but has no proper training and is not a licensed attorney. In some of these cases, individual's chances of living in USA legally can be permanently destroyed. Some people can become permanently banned from the United States, no matter how many close family members (wife, kids, parents) and other ties they have in USA. Immigration law is very complex and unforgiving, and non-compliance, fraud or misrepresentation could bring consequences more severe than penalties in an average criminal case. Where a convicted criminal can usually expect to be released from prison after a number of months or years and be reunited with his family, a person who was deported and permanently banned from USA may never be able to reunite with his family and loved ones in the United States. Lack of knowledge or bad advice is not an excuse in immigration law. "Simple mistakes" in immigration law context could be costly and often irreversible.

Do yourself a favor and consult a knowledgeable immigration attorney before filing any applications or petitions with the USCIS Department of Homeland Security, or before submitting any visa applications online. You can also schedule a consultation to seek a second opinion, if not sure that your current or former attorney's advice is correct as applies to you. When you have questions or need legal advice you can email us to schedule a consultation. We will be glad to help you.

UPDATE 03/06/2015:

Nebraska's ban on same-sex marriage will remain in place while the state appeals a federal judge's decision to strike it down. 
The 8th Circuit Court of Appeals on Thursday issued a stay of U.S. District Judge Joseph Bataillon's decision this week to end the ban.
It means that no same-sex marriages will be allowed starting March 9th, as was expected under the federal judge ruling.
************
A federal judge has struck down Nebraska's ban on same-sex marriage. Effective March 9, 2015, same-sex couples in Nebraska can marry.

As a practical matter, a US citizen petitioner in the same-sex marriage in Nebraska can now petition for his/her spouse's permanent residency (aka green card) in the United States.

According to an injunction filed in federal court Monday, Senior U.S. District Judge Joseph Bataillon said "all relevant state officials are ordered to treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage."

The order is effective March 9 2015 at 8 a.m.

Within moments of Judge Bataillon's injunction, the State of Nebraska filed an appeal.

The U.S. Supreme Court announced January 17, 2015 that it would decide whether same-sex couples have a right to marry everywhere in America under the Constitution. A decision is expected by late June.

Nebraska is the 38th state in the USA to allow same-sex marriage.

Read more at: 

http://www.ketv.com/politics/judge-rules-on-nebraskas-samesex-marriage-ban/31519918?utm_source=Social&utm_medium=FBPAGE&utm_campaign=ketv7&Content%20&linkId=12636249

** A person born out of wedlock may qualify as a "legitimated child” of his or her biological parents under section 101(c)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1101(c)(1) (2012), for purposes of citizenship if he or she was born in a country or State that has eliminated all legal distinctions between children based on the marital status of their parents or had a residence or domicile in such a country or State (including a State within the United States), if otherwise eligible. Matter of Hines, 24 I&N Dec. 544 (BIA 2008), and Matter of Rowe, 23 I&N Dec. 962 (BIA 2006), overruled in part. Matter of Clahar, 18 I&N Dec. 1 (BIA 1981), and Matter of Goorahoo, 20 I&N Dec. 782 (BIA 1994), reaffirmed.

"We now hold that a person born abroad to unmarried parents can qualify as a legitimated “child” under section 101(c)(1) of the Act if he or she was born in a country or State that has eliminated all legal distinctions between children based on the marital status of their parents or has a residence or domicile in such a country or State (including a State within the United States), irrespective of whether the country or State has prescribed other legal means of legitimation. In so holding, we recede from Matter of Hines, 24 I&N Dec. 544 (BIA 2008), and Matter of Rowe, 23 I&N Dec. 962 (BIA 2006), to the extent these decisions hold that the concept of “legitimation” must be interpreted uniformly throughout the Act, including for purposes of visa preference classification. Consequently, our holdings in Matter of Clahar, 18 I&N Dec. 1 (BIA 1981), and Matter of Goorahoo, 20 I&N Dec. 782 (BIA 1994), are hereby reinstated and reaffirmed."

** Matter of Cross, Int. Dec. No. 3826, Feb. 12, 2015.

Read BIA ruling at http://www.justice.gov/eoir/vll/intdec/vol26/3826.pdf

A record 3,415 Americans renounce US citizenship in 2014.

The number of Americans choosing to give up their passports hit a record 3,415 last year, up 14% from 2013, and 15 times more than in 2008, when only 231 people renounced their citizenship.

Experts say the recent surge is coming from expats who no longer want to deal with complicated tax paperwork, a burden that has only gotten worse in recent years.

Unlike most countries, the U.S. taxes all citizens on income, no matter where it is earned or where they live. The mountain of paperwork can be so complicated that expats are often forced to fork over high fees to hire an accountant -- some say they pay as much as $1,000.

As new procedures are put in place, "the pace of U.S. citizenship relinquishments is likely to slow. People are becoming aware of the various compliant ways they can mitigate the negative effects of FATCA, without having to take the drastic and often emotional step of giving up their American citizenship." But it's going to be a few years before renunciations start to taper off.

Read more at: http://money.cnn.com/2015/02/12/pf/americans-expat-citizenship-passports/index.html

There are a few things that went wrong in this sad story and several important tips and rules for every immigrant in USA to remember:

1) almost every immigrant living in the United States, especially, a conditional resident, is required by law to notify USCIS of their new address within 10 days, which can be done online by submitting an electronic version of the form AR-11. Here is the link: https://egov.uscis.gov/coa/displayCOAForm.do 

2) any conditional resident MUST file a petition to remove conditions from residence within the 90-day period before expiration of their green card (USCIS form I-751). There are some exceptions. Forgetting to do so, can result in a removal order (deportation). Here is the link to the form and instructions: http://www.uscis.gov/i-751 

3) if your green card had expired (there is always an expiration date printed on your card), you should not travel internationally,... and Mexico is a foreign country.

4) you should never hire an "immigration consultant" or "Notario" -- but only hire an "immigration attorney" or "immigration lawyer", who is a licensed professional authorized to offer legal advice. Consultants, tax preparers, notarios are not authorized to give advice regarding your immigration situation and can't help with immigration paperwork, they are breaking the law.

5) also, keep in mind that even an attorney doesn't have an obligation to remind you about the deadlines for any *future* immigration petitions you might have to file (petition to remove conditions, application to renew a green card, application for citizenship). It's up to you to calendar these important dates and keep a track of important future applications with USCIS. I usually remind my former clients about these deadlines, but I am not required to do so because an attorney's representation ends at the conclusion of each case.

6) if her conditional green card was indeed "extended", then she should have had an official Receipt Notice, USCIS Form I-797, with the date granting her one-year extension.

If you need legal help, you are welcome to email our office. Don't wait until it's too late!

Story follows below...

Tuesday, February 10, 2015 
WEST HOLLYWOOD, Calif. (KABC) --

Sergey Nikitin lives with his wife and five children in West Hollywood. The Los Angeles realtor, however, is being kept apart from his family from what he says is a clerical error that's turned into an immigration nightmare. 

Nikitin's wife, Anya Bondareva, is currently behind bars. She was detained by federal authorities while trying to cross the border near San Diego. 

"She was crying and she was in shock. She couldn't believe what was even happening," Nikitin said. 

He became a U.S. citizen 15 years ago and married his wife, a Russian native, in 2008. Following their marriage, Nikitin hired an immigration consultant in L.A. to handle her paperwork.

Bondareva received a conditional green card, but Nikitin says the consultant failed to secure a permanent green card.

"I should have checked it myself. It was just one of those things that I relied that they would tell me when it comes up and it needs to be done," Nikitin said. 

Bondareva was granted an extension on her conditional green card that had expired. Earlier this year, the couple flew to Mexico and crossed back into the U.S. without any problems. Nikitin says they even met with immigration officials assuming their paperwork was being processed. 

"When they called the immigration service he was under the impression that it was still pending," said Stephanie Alcala, Nikitin's attorney. 

But last week when the couple tried to cross back into the U.S. from Mexico, Bondareva was detained. 

"That was the worst feeling ever," Nikitin said.

It turns out, after Bondareva's green card expired, a deportation order was issued. Nikitin says that because of a change of address in L.A., they were not notified of a hearing, leading to her being taken in.

Nikitin spoke to his wife over the telephone and says that she broke down in tears when she learned that she could be behind bars for weeks, perhaps months.

"She was crying for some time. She couldn't even speak," Nikitin said. "It's horrible. The children keep asking for her, and I can't even imagine what she is going through. This seems like extreme punishment for a paperwork issue."

Bondareva is being held in a federal detention facility near San Diego. Nikitin's five children are currently staying with relatives in Russia. He is staying in a San Diego hotel to be near his wife.

Alcala says Bondareva will likely be deported. Once that happens, she will have to request an in-person hearing to reapply for the permanent green card.

Read at http://abc7.com/news/west-hollywood-family-split-apart-due-to-immigration-paperwork-foul-up/512688/

USCIS could struggle to process millions of undocumented immigrants who may apply for legal protection under President Barack Obama's recent announcements on immigration, a Senate committee was told on Wednesday.

U.S. Citizenship and Immigration Services (USCIS), which handles immigrant visa and naturalization petitions, could be overwhelmed by the surge in workload later this year even if it hires an additional 1,000 workers as planned.

USCIS is expected to receive 4.5 million new DACA and DAPA deferred action applications in the coming months.

Congressional Republicans say Obama has overstepped his constitutional bounds and are trying to pass legislation to block funding for his immigration policies but Democrats in the Senate on Tuesday derailed the Republican effort. As the legislative battle continues, funding for the entire Department of Homeland Security, of which USCIS is a part, runs out at the end of February.

"The administration has informed this committee that it plans to hire 1,000 new workers" to process the applications, Bellocchi said, but "questions immediately surface whether this number will be sufficient without creating extreme backlogs."

He said new workers would have to process and adjudicate 4,500 applications each during the six-month target period. "Including weekends, that would mean 25 to 27 applications per day for 1,000 adjudicators," Bellocchi, who is now an immigration attorney in the private sector, told the committee.

USCIS has roughly 13,000 full-time officers and 5,000 contractors and they handle most applications on paper. Read at: http://www.reuters.com/article/2015/02/04/us-usa-congress-immigration-idUSKBN0L81Q320150204

***Our office is ready to provide legal assistance to DACA and DAPA applicants. 
DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) is a new deferred action program. It was expected that DAPA application period will open around May 20, 2015. It means that USCIS is not accepting DAPA applications just yet (applications from parents of US citizen children and lawful permanent resident children). You can start work on preparing your supporting documents for USCIS, however, you have to wait to file until USCIS  is ready. New application forms and official guidelines are expected to be released in May 2015. As of February 16, 2015, both expanded DACA and DAPA have been placed on hold until further notice. Avoid notario scam and don't pay anyone to submit your DAPA applications until it's been announced by the USCIS that they start accepting applications. It might be later than May 2015, if a federal case is still pending. If you need help please email an attorney at [email protected] .***